Transfer pricing comparability requires functional alignment, reliable financial data, and careful review of working capital and receivables adjustmen...
Transfer pricing rules require benchmarking corporate guarantees and associated-enterprise advances, while invalid domestic-transaction adjustments ca...
Prospective sugar export prohibition required registered letters of credit; private contracts and export quotas created no enforceable continuation ri...
Retroactive interim-moratorium exclusion permits protective asset disclosure and preservation measures against personal guarantors pending arbitration...
Auction sale of an attached yacht belonging to the corporate debtor was challenged as violating the moratorium under s.14 IBC and was set aside by the adjudicating authority. Since the magistrate had permitted sale of the attached movable property and the auction was conducted before commencement of CIRP, s.14 IBC was inapplicable and the finding of moratorium breach was legally untenable; the auction was therefore not void. The adjudicating authority also lacked jurisdiction to interfere with an auction conducted pursuant to a criminal court's attachment/sale order, and no further directions were warranted regarding sale proceeds in this appeal; the impugned order was set aside and the appeal allowed. - NCLAT
Auction sale of an attached yacht belonging to the corporate debtor was challenged as violating the moratorium under s.14 IBC and was set aside by the adjudicating authority. Since the magistrate had permitted sale of the attached movable property and the auction was conducted before commencement of CIRP, s.14 IBC was inapplicable and the finding of moratorium breach was legally untenable; the auction was therefore not void. The adjudicating authority also lacked jurisdiction to interfere with an auction conducted pursuant to a criminal court's attachment/sale order, and no further directions were warranted regarding sale proceeds in this appeal; the impugned order was set aside and the appeal allowed. - NCLAT
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